Wall's Administrators v. Fife
Supreme Court of Pennsylvania
Ekbob to the District Court of Allegheny county. This was a scire facias sur judgment, No. 638, July Term 1852, brought by Andrew Fife against John Patterson, administrator of James Wall, in which the widow and heirs of the deceased were also made defendants.
Read the full summary
Ekbob to the District Court of Allegheny county. This was a scire facias sur judgment, No. 638, July Term 1852, brought by Andrew Fife against John Patterson, administrator of James Wall, in which the widow and heirs of the deceased were also made defendants. The writ recited a judgment recovered July 13th 1852, by Andrew Fife against John Patterson, administrator of James Wall, for $278.08. The defendants pleaded nul tiel record, statute of limitations, non assumpsit, no set-off in original action, and payment with leave, &c. On the trial the plaintiff offered in evidence, 1. Docket entry,…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
There are two answers to the first assignment of error, either of which seems to show its invalidity.
1. The judgment offered in evidence was not void, even if there was an omission to file the affidavit required by the Act of 1836. It is true the agreement and submission are not entitled, as a matter of right, to entry on the docket by the prothonotary, without the affidavit; but when entered no case has said that the judgment was void. It may be voidable, but until it is avoided, it stands as a valid judgment. If the defendant is not…
2Cases cited2 opinions
- Gallup v. ReynoldsSupreme Court of Pennsylvania · 1839
- Baxter v. GrahamSupreme Court of Pennsylvania · 1836
3Cited by5 opinions
- Smith v. Safeguard Mutual InsuranceSuperior Court of Pennsylvania · 1968
- United Pacific Ins. Co. v. Lamanna's EstateNew Jersey Superior Court Appellate Division · 1981
- Bartilucci v. Safeguard Mutual InsuranceSuperior Court of Pennsylvania · 1968
- Roselon Industries, Inc. v. Associated Knitting MillsSuperior Court of Pennsylvania · 1972
- Guerry v. Ponnock, Pennsylvania Court of Common Pleas, Philadelphia County1951